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BACHMANN BROS., INC. v. OPTI-RAY, INC.

Civ. A. No. 64-C-261.

273 F.Supp. 847 (1967)

BACHMANN BROS., INC., Plaintiff, v. OPTI-RAY, INC., Defendant.

United States District Court E. D. New York.

August 29, 1967.

Attorney(s) appearing for the Case

Ward, Haselton, McElhannon, Orme, Brooks & Fitzpatrick, New York City, Stuart A. White, New York City, of counsel, for plaintiff.

I. Jordan Kunik, New York City, for defendant.

MISHLER, District Judge.

The single claim stated in the complaint alleges that the defendant has infringed upon Design Patent No. 195,311, which was issued to the plaintiff's assignor, Albert G. McNeill on May 28, 1963. By the terms of the pre-trial order, dated January 6, 1967, the defendant conceded that if the McNeill patent is held to be valid, the company must be found to have infringed upon the design therein. Thus, the only issue tried to the court was the...

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